TROWER & KIRWAN

This matter concerned an application before Judge Brown regarding the living arrangements and time spent between a child, X, and her parents, Ms Trower and Mr Kirwan. The dispute centred on the appropriate parenting orders to be made, particularly in light of the parents' ongoing difficulties in co-parenting and their past issues with illicit drug use.

The court was required to determine the best interests of the child, X, who was seven and a half years old. Key legal issues included assessing the child's views, considering the significance of her relationships with both parents and her half-brother, and evaluating the impact of any proposed changes to her living arrangements. The court also had to consider the parents' respective behaviours, their capacity for communication and cooperation, and their past and present circumstances regarding drug use.

Judge Brown reasoned that while the child had a significant relationship with both parents and it would be beneficial for her to know her half-brother, a shared care regime, as proposed by Mr Kirwan, would represent a significant and potentially unpredictable change for X. This was particularly so given the incomplete nature of the evidence and the parents' mistrust of one another. The court noted that while both parents likely had past issues with illicit drugs, Ms Trower's current status was unknown, and Mr Kirwan had refused independent scrutiny. The court found that there were no practical impediments to X spending regular time with her father, given their proximity.

The court ordered that the child, X, live with the mother, Ms Trower. The child was to spend time with the father, Mr Kirwan, on each weekend from the conclusion of school on Friday until 4 PM on Saturday, commencing on 18 September 2015. Additionally, the child was to spend time with the father in alternate weeks on Wednesdays, from the commencement of school or 9 AM until the commencement of school or 9 AM on the following Thursday, with the specific commencement date to be determined.